The events of the case relate to the arrest of María Elena Loayza Tamayo by the Counter Terrorism Division (DINCOTE) due to an alleged association and collaboration with the group “Sendero Luminoso”. After her arrest she was held incommunicado for 10 days and was subjected to torture, cruel and degrading treatment and sexual violence, all with the purpose of self-incrimination. In light of her refusal, she was prosecuted for the crime of treason and tried by various military courts, which finally absolved her of all charges. Nevertheless, at the moment of passing the case to the civil court, the victim was convicted to a term of 20 years imprisonment by a Special “faceless” Court for the crime of terrorism. During the entire proceedings, both in the military and civil courts, the victim was kept in detention.

The IA Court brought to attention that in this case the article of Decree-Law 25,659 under which she was prosecuted, prevented the victim from using habeas corpus to safeguard her personal liberty or to question the legality of her arrest.

ACHR
1.1, 7
1.1, 5
1.1, 4
1.1, 25